New Compostable Product Labeling Law
The Minnesota Pollution Control Agency would like to inform you of a new law going into effect on Jan. 1, 2025, that regulates the sale of certain products labeled as “compostable” in Minnesota. The law, Minn. Stat. § 325E.046, requires all covered products that are labeled as “compostable” and sold in Minnesota to meet certain requirements. They must be made only of wood or paper with no additives or coatings or meet specifications for composting in an industrial compost facility.
Starting January 1, 2025, manufacturers, distributors, and wholesalers may not sell or offer for sale covered products that do not comply with the law. Other entities may not knowingly sell or offer for sale covered products that do not comply with the law.
What you need to know
Products covered by the law include, but are not limited to, bags, packaging, and food and beverage items including plates, bowls, trays, to-go containers, cups, utensils, and straws.
Covered products labeled as “compostable” must:
- Be made solely of wood or paper with no coatings or additives OR
- Meet one of two standard specifications for composting at an industrial compost facility:
- ASTM D6400 for bags and film
- ASTM D6868 for plastic or plastic-lined items
- Products must be labelled to reflect that they meet the applicable ASTM standard.
- By Jan. 1, 2026, all covered products labelled as “compostable” must be certified by a non-profit third-party. Currently, the Biodegradable Products Institute (BPI) is the only certifier meeting the requirements of the law.
Covered products cannot be labeled “compostable” unless they meet the requirements above. Covered products cannot be labeled “biodegradable” or any similar terms until an industry-adopted ASTM specification is developed and approved by the Minnesota Legislature for the term.
Why is this law important?
Contamination is one of the biggest challenges facing organics recycling programs. Much of this contamination is from food service products with misleading labels. Clear and consistent labeling will make it easier for consumers to recognize when a product is truly compostable.
Food scraps and compostable materials make up approximately one-third of residential waste. Diverting these materials from the trash is necessary to meet the state’s recycling, composting, and climate change goals (Minn. Stat. § 115A.551, subd. 2a). The success of organics recycling programs depends on reducing contamination. Less contamination means less time and money spent on contamination removal. Less contamination also leads to cleaner compost that is easier to sell and better for the environment.
You can find additional information about this new law here: compostable product labeling webpage. Questions can be submitted to the Ask MPCA online portal.
